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Original poster

Furious with seller - house back on market just before Easter

28 replies

CrystalSkull · 02/04/2015 19:45

To cut a long story short, we had an offer accepted on a house two weeks ago. This house was listed with two estate agents. We made it a condition of our offer that the house be withdrawn from ALL estate agents and website, e.g. Zoopla. The seller agreed to do this once we showed proof of funds.

The house changed to 'Sold STC' for both estate agents, as promised. But I've just looked again and one of them (the one we're not going through) is showing the house as available again! To make things worse, the Rightmove listing date shows that the house was put on again just yesterday.

The timing could not be worse - just before the Easter break and I didn't notice until 7pm so it was too late to speak to anyone. I have sent the estate agent a strongly worded email reminding them of the condition of our offer.

What else can I do? Any suggestions? At what point do I withdraw my offer?

OP posts:
WindYourBobbinUp · 02/04/2015 19:49

I had the same with the house I bought. Are you in contact with the vendor? If so it's worth speaking to them, ours marched down the estate agents and told them off when they found out! If it's the vendor putting it on again then it's going to be difficult to proceed with trust

Original poster
CrystalSkull · 02/04/2015 19:52

I have the vendor's name and address but no telephone number. While I could probably in theory find the number, I don't feel it would be appropriate since I haven't spoken to or met them before.

I'm sitting here feeling so helpless :( What are the chances the estate agent(s) will be open over Easter?

OP posts:
Sophieelmer · 02/04/2015 19:57

The agent will prob be open tomorrow and definitely on Saturday. Easter is a busy time of year for them

Box5883284322679964228 · 02/04/2015 20:07

Talk to both estate agents

MaraThonbar · 02/04/2015 20:14

Saturday is a normal day so they'll certainly be open then, and they may well be open tomorrow.

Namehanger · 02/04/2015 21:02

Do you want to withdraw the offer ?

Simply it is either a buyers market or a seller's market or somewhere in the middle. Estate Agents are salesman, they work for the Seller. There is no contract with you.

I can't get excited by EAgents,gazumping, gazundering...

You will get the house or not or might have to increase your offer..

Original poster
CrystalSkull · 02/04/2015 21:12

I don't want to withdraw the offer but will do so if they won't comply with the condition that they agreed to at the start. I would be willing to offer more in theory but wouldn't do so under these circumstances.

I love the house but my rational side will not be played for a fool.

OP posts:
PigletJohn · 02/04/2015 21:57

until contracts are exchanged, keep following the market and viewing more houses.

The pain of a tiresome vendor will be greatly softened if you find another house you like more.

Original poster
CrystalSkull · 02/04/2015 22:03

Yes, that is so true!

The only problem is that this house really is one-of-a-kind and we'd struggle to find anything similar.

OP posts:
chocolatecrispies · 02/04/2015 22:10

This happened to us, it was an admin error and we are now living in the house.

Original poster
CrystalSkull · 02/04/2015 22:19

Thanks chocolatecrispies - so glad to hear it worked out for you.

I think that some kind of error is totally possible, especially with two estate agents. I acknowledged that in my email. I guess I just have to wait until I can get through to the EA to have a better idea of what's going on...

OP posts:
AwakeButNotForLong · 02/04/2015 22:20

Estate agents can be pretty shit at following instructions, I would blame them not the seller. We have had estate agents ignore very explicit instructions not to put our house on rightmove on two separate occasions.

Original poster
CrystalSkull · 02/04/2015 22:21

P.S. If this is all at the seller's instigation, it means that they sent all their documents to my solicitor on the same day - which I must admit seems unlikely.

OP posts:
Original poster
CrystalSkull · 02/04/2015 22:21

Thanks, Awake - it does seem the more likely explanation to me.

OP posts:
mistlethrush · 02/04/2015 22:23

I would 'up the anti' by contacting the agents that you are going through, say that you've seen that the house is back on the market, so ask them whether there is anything else for you to see ... preferably a little less expensive!!!

Box5883284322679964228 · 03/04/2015 09:22

Could be a last ditch attempt by the other agents to get the sale

Original poster
CrystalSkull · 03/04/2015 12:06

Yes, I imagine so too. Clearly, both EAs want to make the sale. I'm speaking to the one who sold the house to me later today, so it'll be interesting to hear what he says.

OP posts:
MaraThonbar · 03/04/2015 22:51

How did you get on, Crystal?

Original poster
CrystalSkull · 04/04/2015 00:49

Apparently, the second estate agent is messing around. The one I'm buying through is furious about it and trying their best to get the vendor to take the listing down. The vendor has agreed and said they are 100% committed to us, but they are being a bit slow giving the second EA their matching orders. Hmm

The EA could be lying but I don't think so. Everything he has said stacks up. I feel a bit better but will continue to watch the situation over Easter to see how it develops.

Thanks for asking, MaraThonbar.

OP posts:
vinoandbrie · 04/04/2015 16:14

We had this. Seller wouldn't mark it as SSTC until exchange. They were absolute holes, but we got the house. Bastards.

GlitteringJasper · 05/04/2015 22:15

EA do this with houses to sell other properties.

Customer phones EA expressing interest in house A; sorry house A is no longer available but we have similar properties.

I doubt anyone is playing you for a fool!

Box5883284322679964228 · 05/04/2015 22:23

I hope they get their marching orders soon

Original poster
CrystalSkull · 06/04/2015 00:51

Thanks, everyone. I am currently in hospital so have other things on my mind! I doubt I'm being played for a fool either, but will think about it some more when I'm discharged.

OP posts:
Matrushka · 08/04/2015 08:43

This has just happened to me too! I still get RightMove alerts about houses in the same price range and this morning saw the house I had an offer accepted on re-listed with the other agents who were initially marketing it.
Now have to wait until 9am to contact the agent I've gone with.

I'm pessimistic though, as the sellers have previously taken the property on and off the market (within the last 18 months) so I don't think they can be trusted.

My accepted offer is £20k below the asking price so I suspect they are looking for more money, but we are quite far ahead in the process and I've forked out £890 for a valuation on my property to get to the figure I need to buy it. It's not a tactic that's likely to make me want to pay more, even though I really love the house.

I've contacted my solicitors to find out exactly how far we are from exchange and can only hope that if contracts can be exchanged within the next week or two, that will be enough to make them reconsider. Angry

But I do so hope it's an admin "error" on the part of the other agent, as chocolatecrispies suggested.

Hope you get better soon, CrystallSkull, and that you get your house.

Matrushka · 08/04/2015 11:25

An update, hope this is useful for you too CrystalSkull

Spoke to my solicitor and the EA. Solicitor said vendor's solicitor haven't answered important queries sent two weeks ago and have been somewhat incompetent from the go (sent wrong contract, wrong price), according to my solicitors.

The EA I'm using said vendors have put the property back on the market (with both him and the other agents), after calling my solicitor yesterday and hearing that the queries have all been answered they believe we are dragging our heels this end.

My solicitors, meanwhile, have replied that: "We have received another email from the seller’s solicitors this morning to say that the seller has answered the queries ‘as far as she is able or prepared to’. The outstanding queries need to be answered and any buyer with a lender would require the same."

I've asked for the specifics of the queries in question and am now thinking of contacting the seller directly. She is an estate agent herself (in the US) and her details are on the internet. I'd like to ask her why she's not pulling the stops out to answer questions on which the sale of the house is dependent.

Wise move or not?

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